Privacy Notice

BioGaia Australia (“BioGaia”) is committed to respecting and protecting your privacy.

This privacy notice sets out how BioGaia processes your personal data in conjunction with your use of the biogaia.com.au online shopping platform (our “Site”). It also explains your privacy rights and how the law protects you.

We process your personal data primarily so that you can purchase products from our Site and for our own internal evaluation of the Site. In some cases, we will also process your data for marketing purposes or to fulfil a legal obligation. More details in this respect are set out below.

About us

BioGaia is the data controller for the Site.

If you have questions about how we process your personal data, or if you wish to exercise your rights, you can contact us using the contact information below:

BioGaia Australia ABN 52 674 500 791
c/o Byrons, 62-64 Burwood, Burwood NSW 2134, Australia
E-mail: info@biogaia.com.au

What is personal information and data, and what is processing?

In this policy, personal information has the same meaning as the Privacy Act 1988 (Cth).

In general, it is any information that, either directly or indirectly, can identify a physical person. Personal data can thus be names, addresses, e-mail addresses, personal identification numbers, IP addresses, telephone numbers and so on.

‘Processing’ is everything we do with your personal data. For example, processing can be collection, storage, registration, sorting, revision, transfer or erasure of data.

What personal information and data do we collect, and why?

BioGaia collects personal information and data only for specific business purposes. Those purposes, together with our legal basis for processing the data, and the relevant data retention periods, are set out below:

Customer administration and subscription and purchasing products from our e-commerce platform

When you create a customer account with us, purchase products and/or begin a subscription, we collect your name, e-mail address, postal address and telephone number. We will use your personal information and data to fulfil our obligations for completing a purchasing agreement with you and to fulfil our legal obligations. We are also required to keep certain financial information in accordance with applicable accounting regulations.

Your account information is retained for 36 months in order to facilitate returns. Where specific accounting regulations apply, we keep information for 7 years plus the current accounting year.

Marketing via newsletter or email

When you sign up for our newsletter or make a purchase from us, we collect data regarding your name and e-mail address in order to provide you with relevant information about BioGaia and our products.

Processing occurs by virtue of the consent you submitted in conjunction with previous purchases you made from us and your agreement to receive marketing from us via newsletter or email.

We store the personal information and data for this purpose until you withdraw your consent. You can unsubscribe anytime via a link provided in the newsletter.

Analysis, development and operations of BioGaia and our services

For the purpose of developing our operations, we collect data about your user behaviour such as your purchasing history with us (the products you purchased, how many, the price and the date).

We do this in order to:
i) evaluate, develop and identify how you use biogaia.com.au;
ii) detect, prevent and investigate fraud and security monitoring; and
iii) develop and improve our business operations.

Personal data for this process is stored for two years.

We also use cookies to collect personal information and data about your behaviour on biogaia.com.au. For more information about cookies, please see below.

Who do we share personal information and data with?

BioGaia may share your personal information and data with third parties. These parties are either:

Data processors

These are allowed to process personal information and data only for the specific aims and purposes defined by us. Our processors, and the data they receive, include:

> Platform and technology suppliers: IP addresses, contact information and purchase history

> Logistics companies: Contact information

> Research firms: Purchase history

Data controllers

These companies use personal information and data for their own purposes and are independently responsible to you for the personal information and data processing they carry out. BioGaia shares data with other personal information and data controllers only when it is necessary to receive payment for products sent to you from our online shopping platform. We distribute your personal information and data in the form of contact information and name (for the purpose of completing payment) to Shopify payment, whose privacy notice can be found here.

BioGaia may also share your personal information and data with:

> other companies in the BioGaia Group, if required for completion of the purposes and the legal basis indicated above; and

> government agencies, to the extent that it results from law or other legal obligation incumbent upon us.

On rare occasions, we may share personal information and data when we believe it is necessary to comply with the law, regulation or legal request (including a court order or government inquiry), or to enforce or apply our terms of use or other agreements. In addition, we may use, make available or transfer personal information and data to third parties in conjunction with reorganisation, merger, sale, joint venture, conveyance, transfer or other disposition of all or part of our operations, assets or shares (including in conjunction with bankruptcy or similar proceedings).

Third country transfers

We will share your personal information and data with our third party provider(s) - including cookie providers and social media platforms - whose servers are located outside of Australia. Were possible, we will protect your data by entering into specific contracts with the relevant service provider to ensure that your data enjoys the same protection.

More information on blocking cookies is available on your browser’s help pages. You can also read more about cookies in our cookie notice; see below.

How is your personal information and data protected?

All personal information and data you provide to us is protected using both organisational and technical security measures. These measures are used to store, process and communicate the data securely. In the event that you would like to know which security measures we apply, you can contact us using the contact information above.

Your rights

Right to access (register excerpts)

You can always request access to your personal information and data. This includes the right to request information on where we retrieved the data from, the scope and legal basis of our processing, and with which recipients (or categories of recipients) your personal information and data has been shared.

Right to erasure

You have the right, in certain circumstances, to require us to erase some or all of your personal information and data, provided that it is not necessary for us to retain this data in order to fulfil our legal obligations. You have the right to request that your data be erased if:

> your personal information and data is no longer necessary for the purpose behind the processing;

> you withdraw your consent on which the processing is based;

> you object to the processing and we are not considered as having a legitimate interest; or

>the personal information and data has been processed unlawfully.

Depending on the circumstances, we may need to retain some data until we are no longer obligated to process it.

Right to correction

You have the right to have erroneous personal information and data concerning you corrected without unnecessary delays. If you discover errors in the data that we hold about you, please notify us via e-mail (info@biogaia.com.au). You also have the right to supplement incomplete data that we have on you.

To help us keep our information accurate and up-to-date, please provide us with correct data and inform us in the event your data changes.

Right to limitation

You have the right, in some circumstances, to require that we limit our processing of your personal information and data. A limitation can be imposed for several reasons:

> If you believe that the data we have on you is incorrect and request correction, you can request limited processing during the time we take to check whether the personal information and data is correct.

> If you have objected to processing based on BioGaia’s legitimate interests, you can request limited processing during the time we take to check how our and your legitimate interests are balanced.

> If we no longer need the data, but you require that we keep the data in relation to a legal claim.

> If our processing is unlawful, but you oppose our deletion of the data, you can request limited processing of the data instead.

Data portability

Under certain conditions, you have the right to receive your personal information and data in a structured, generally used and machine-readable format so you can transfer it to another personal data controller.

Right to object

Where we are processing your data based on the public interest or BioGaia’s legitimate interests, you have the right to object to that processing. However, we may continue the processing in question if we can demonstrate a legitimate reason for it. You also have the right to object to direct marketing.

Right to withdraw consent

In the event we base our processing on your consent, you can withdraw your consent at any time.

Right to complaint

If you believe your personal information or data has not been treated consistently with this Privacy Policy or the Privacy Act, please email: info@biogaia.com.au.

We will investigate your privacy complaint and respond to you as soon as practicable.

If you are unhappy with the handling of your complaint you may refer the complaint to the Office of the Australian Information Commissioner (visit www.oaic.gov.au for more information).

Minors

Our Site is not aimed at persons under the age of 18 years, and we do not knowingly process personal information and data that could be linked to minors.

Changes

We may amend or update this privacy notice from time to time. If we do so, we will publish an updated notice on the site, and we may notify you if any changes are particularly significant.

This privacy notice was updated on 1October 2024.

Cookie notice

Biogaia.com.au uses cookies. Some are essential to deliver our services, and others help us to improve your experience of our website. We use both first party cookies and third-party cookies.What are cookiesCookies are small text files containing information, which are downloaded to your computer or mobile device by websites that you visit. They can improve your experience of using a website, for example, by remembering your preference settings and tracking your use of a website so that it can be improved to meet your needs.

How does biogaia.com.au use cookies?

Biogaia.com.au uses cookies for technical reasons, to enable our Site to function (for example, so you can add goods to your shopping basket). We also use cookies for marketing and to help us to improve your experience of our Site. Some cookies on our website are controlled by third parties independently.

If you choose “Accept” on our cookie banner, you accept this and consent to our use of cookies (including third party cookies) for marketing and analytics purposes. If you choose “no” we will only use cookies that are strictly necessary to enable to website to work.

Unless the cookie is a strictly necessary cookie, you can withdraw your consent to our cookies at any time even if you have previously consented. You can also set your browser to prevent cookies from being accepted. Please bear in mind that if you restrict or disable cookies it can limit functionality and prevent the website from working properly at all.

Cookies from third parties

We also use cookies to provide functions for social media and to analyse our traffic. We also pass on information, based on your consent, from your device to social media, advertising and analytics companies we work with, for example Google Analytics and Facebook. These can in turn combine the information with other information that you provide or that they have collected using their services as well as transfer information from your device to third countries, i.e. countries outside Australia, the UK and EU / EEA area.

We use Klaviyo, Hotjar, Google Analytics and Shopify to collect information about your use of Biogaia.com.au.

To find out more regarding our relationship with any third parties please visit the privacy statement of the relevant third party using the links below:

For more information about Google Analytics see: https://policies.google.com/privacy?hl=en-US
For more information about Hotjar see: https://www.hotjar.com/legal/policies/privacy/
For more information about Klaviyo see: https://www.klaviyo.com/legal
For more information about Shopify see: https://www.shopify.com/au

We also use cookies from Freshdesk to be able to give you better customer support, see https://www.freshworks.com/se/privacy/ for more information.

We also use cookies from Facebook to measure and optimize advertisement on Facebook’s services. For more information about Facebook see: https://www.facebook.com/business/learn/facebook-ads-pixel.